Buyer Curtailment Sample Clauses

Buyer Curtailment. Buyer shall have the right to order Seller to curtail deliveries of Facility Energy through Buyer Curtailment Orders, provided that Buyer shall pay Seller for all Deemed Delivered Energy associated with a Buyer Curtailment Period at the Generation Rate.
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Buyer Curtailment. PGE shall have the right to curtail deliveries of scheduled Energy, up to 400 hours each Contract Year (or prorata amount for any partial Contract Year) without compensation to Seller. The Guaranteed Output Threshold will be reduced by the number of MWhs subject to such a curtailment by PGE.
Sample 1Sample 2Sample 3See All (7)
Buyer Curtailment. Buyer shall have the right to order Seller to curtail deliveries of Facility Energy through Buyer Curtailment Orders, provided that Buyer shall pay Seller for Deemed Delivered Energy in accordance with Exhibit C. Failure to Comply. Subject to Section 4.4(a), if Seller fails to comply with a Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order, then, for each MWh of Facility Energy that is delivered by the Facility to the Delivery Point in contradiction to the Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order, Seller shall pay Buyer for each such MWh at an amount equal to the sum of (A) + (B) + (C), where: (A) is the amount, if any, paid to Seller by Buyer for delivery of such excess MWh and, (B) is the sum, for all Settlement Intervals with a Negative LMP during the Buyer Curtailment Period or Curtailment Period, of the absolute value of the product of such excess MWh in each Settlement Interval and the Negative LMP for such Settlement Interval, and (C) is any penalties assessed to Buyer by the CAISO or other charges assessed by the CAISO resulting from Xxxxxx’s failure to comply with the Buyer Curtailment Order, Buyer Bid Curtailment or Curtailment Order.
Sample 1Sample 2
Buyer Curtailment. Buyer may cease or curtail receipt of Gas delivered by Seller which does not satisfy the warranty requirements of Section 6.1 or 6.2, as applicable, and Buyer may invoke remedies available to it pursuant to this Agreement, including under Section 2.4, with respect to all such Gas deliveries ceased or curtailed.
Sample 1
Buyer Curtailment. ‌ 9.3.1 Notwithstanding any other provision of this Agreement, Buyer shall be entitled to require Seller to cease or reduce energy deliveries under this Agreement during any Hour to the extent that: (i) there is an Emergency condition; (ii) there is a Buyer Curtailment Event occurring or existing; or (iii) due to a Force Majeure Event, Buyer is either unable to receive Delivered Energy from the Facility at the Interconnection Point or unable to transmit such energy to Buyer’s members; or (iv) Buyer is unable to receive Delivered Energy from the Facility at the Interconnection Point, or Buyer is unable to transmit such energy to Buyer’s members, due to scheduled or unscheduled maintenance of the facilities on the Buyer Electric System. Seller shall comply with any such requirement as directed by Buyer. The amount of energy that would have been produced by the Facility and delivered by Seller to Buyer at the Interconnection Point pursuant to this Agreement but that was not produced by the Facility and delivered to the Interconnection Point as a result of Buyer’s directive under this Section 9.3.1 shall be Curtailed Energy. In such event, Buyer shall be relieved from the obligation to purchase and receive energy, to the extent of the required cessation or reduction. Such energy for which Buyer’s obligation to purchase is relieved shall be excluded from the determination of Delivered Energy and Deemed Delivered Energy for all purposes of this Agreement; provided, however, that such energy shall be Curtailed Energy.
Sample 1
Buyer Curtailment. Buyer shall not curtail Energy from the Generating Facility except in the event of an Emergency or for a Buyer Scheduled Curtailment on the circuit to which the Generating Facility is connected (which Buyer Scheduled Curtailment is to be limited to no more than the Annual Daily Cap). If it is ultimately determined that a requested Buyer curtailment, (i) did not qualify as an Emergency, or (ii) did not qualify as a Buyer Scheduled Curtailment, or
Sample 1
Buyer Curtailment. Except to the extent compliance would directly cause loss or recapture of any Tax Attributes, Seller shall reduce Buyer’s Share of generation from the Project as required pursuant to a Buyer Curtailment Order, provided that (a) the Buyer Curtailment Period shall not exceed the Buyer Curtailment Cap cumulatively per Contract Year (which may be consecutive or non-consecutive); and (b) Buyer shall pay Seller the Contract Price for Deemed Delivered Energy associated with a Buyer Curtailment Period. If multiple Project Offtakers issue overlapping Buyer Curtailment Orders, then any Deemed Delivered Energy during such period shall be allocated to Buyer on a pro rata basis in accordance with its Buyer’s Share.
Sample 1
Buyer Curtailment. Buyer shall have no right to curtail its receipt of Net Energy from any portion of the Facility for any reason except as set forth herein. Seller shall not be required to curtail generation from the Facility or Net Energy delivered to Buyer except in the case, and to the extent, of (i) Force Majeure, or (ii) an emergency outage of the Buyer System that prevents Buyer from physically accepting delivery, (iii) an authorized instruction from Utility or a Government Authority to curtail delivery, or (iv) maintenance of the Buyer System requiring an outage of no more than 24 hours, provided that Buyer uses reasonable efforts to schedule any such outage for a period when the applicable portion of the Facility is not operating. In the event Xxxxx refuses or fails to accept delivery of any Net Energy for any other reason, Seller shall calculate the amount of Net Energy it would have produced and delivered to Buyer but for Buyer’s actions using the best available data as to the production capability of the Facility during the applicable period and the solar resource available during the applicable time in which curtailment occurred. The calculation shall take into consideration any actual operating experience of the Facility. The amount of Net Energy lost during the period of curtailment (the “Production Loss”) shall be included with any Net Energy actually delivered to Buyer during the applicable billing period and Buyer shall be obligated to pay Seller in accordance with Section 3.4 as if such Production Loss had been delivered to Buyer.
Sample 1

Related to Buyer Curtailment

  • Interconnection Customer Payments Not Taxable The Parties intend that all payments or property transfers made by the Interconnection Customer to the Participating TO for the installation of the Participating TO's Interconnection Facilities and the Network Upgrades shall be non-taxable, either as contributions to capital, or as a refundable advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

  • Interconnection Customer Compensation If the CAISO requests or directs the Interconnection Customer to provide a service pursuant to Articles 9.6.3 (Payment for Reactive Power) or 13.5.1 of this LGIA, the CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff.

  • Interconnection Customer (1) Interconnection Customer shall construct and, unless otherwise indicated, shall own, the following Interconnection Facilities: None (2) In the event that, in accordance with the Interconnection Construction Service Agreement, Interconnection Customer has exercised the Option to Build, it is hereby permitted to build in accordance with and subject to the conditions and limitations set forth in that Section, the following portions of the Transmission Owner Interconnection Facilities which constitute or are part of the Customer Facility: None Ownership of the facilities built by Interconnection Customer pursuant to the Option to Build shall be as provided in the Interconnection Construction Service Agreement.

  • Interconnection Customer Compensation for Actions During Emergency Condition The CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff for its provision of real and reactive power and other Emergency Condition services that the Interconnection Customer provides to support the CAISO Controlled Grid during an Emergency Condition in accordance with Article 11.6.

  • FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such 9.9.2 Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the State or its property might in any way be responsible, have been paid or otherwise satisfied; (2) consent of surety, if any, to final payment; (3) Other data establishing payment or satisfaction of all such obligations, including, but not limited to, receipts, releases, or other supporting documentation. and (4) final waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the State. If any Subcontractor refuses to furnish a release or waiver required by the State, the Contractor may furnish a bond satisfactory to the State to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the State all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Architect so confirms, the State shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as required by the Contract Documents, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.9.4 The making of final payment shall constitute a waiver of all claims by the State except those arising from: (a) unsettled liens, (b) faulty or defective Work appearing after Substantial Completion, (c) failure of the Work to comply with the requirements of the Contract Documents, or (d) terms of any special warranties required by the Contract Documents. 9.9.5 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment.

  • PRICE ESCALATION/DE-ESCALATION (CPI) The County may allow a price escalation provision within this award. The original contract prices shall be firm for an initial one (1) year period. A price escalation/de-escalation will be considered at one (1) year intervals thereafter, provided the Contractor notifies the County, in writing, of the pending price escalation/de-escalation a minimum of sixty (60) days prior to the effective date. Price adjustments shall be based on the latest version of the Consumers Price Index (CPI-U) for All Urban Consumers, All Items, U.S. City Average, non-seasonal, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at xxx.xxx.xxx. Price adjustment shall be calculated by applying the simple percentage model to the CPI data. This method is defined as subtracting the base period index value (at the time of initial award) from the index value at time of calculation (latest version of the CPI published as of the date of request for price adjustment), divided by the base period index value to identify percentage of change, then multiplying the percentage of change by 100 to identify the percentage change. Formula is as follows: Current Index – Base Index / Base Index = % of Change CPI for current period 232.945 Less CPI for base period 229.815 Equals index point change 3.130 Divided by base period CPI 229.815 Equals 0.0136 Result multiplied by 100 0.0136 x 100 Equals percent change 1.4% % of Change x 100 = Percentage Change CPI-U Calculation Example: A price increase may be requested only at each time interval specified above, using the methodology outlined in this section. To request a price increase, Contractor shall submit a letter stating the percentage amount of the requested increase and adjusted price to the Orange County Procurement Division. The letter shall include the complete calculation utilizing the formula above, and a copy of the CPI-U index table used in the calculation. The maximum allowable increase shall not exceed 4%, unless authorized by the Manager, Procurement Division. All price adjustments must be accepted by the Manager, Procurement Division and shall be memorialized by written amendment to this contract. No retroactive contract price adjustments will be allowed. Should the CPI-U for All Urban Consumers, All Items, U.S City Average, as published by the U.S. Department of Labor, Bureau of Labor Statistics decrease during the term of the contract, or any renewals, the Contractor shall notify the Orange County Procurement Division of price decreases in the method outlined above. If approved, the price adjustment shall become effective on the contract renewal date. If the Contractor fails to pass the decrease on to the County, the County reserves the right to place the Contractor in default, cancel the award, and remove the Contractor from the County Vendor List for a period of time deemed suitable by the County. In the event of this occurrence, the County further reserves the right to utilize any options as stated herein.

  • Billing and Collection Customers BellSouth currently has in effect numerous billing and collection agreements with various interexchange carriers and billing clearing houses and as such these billing and collection customers (“B&C Customers”) query BellSouth’s LIDB to determine whether to accept various billing options from End Users. Until such time as BellSouth implements in its LIDB and its supporting systems the means to differentiate Talk America’s data from BellSouth’s data, the following shall apply: (1) Talk America will accept responsibility for telecommunications services billed by BellSouth for its B&C Customers for Talk America’s End User accounts which are resident in LIDB pursuant to this Agreement. Talk America authorizes BellSouth to place such charges on Talk America’s xxxx from BellSouth and shall pay all such charges, including, but are not limited to, collect and third number calls. (2) Charges for such services shall appear on a separate BellSouth xxxx xxxx identified with the name of the B&C Customers for which BellSouth is billing the charge. (3) Talk America shall have the responsibility to render a billing statement to its End Users for these charges, but Talk America shall pay BellSouth for the charges billed regardless of whether Talk America collects from Talk America’s End Users. (4) BellSouth shall have no obligation to become involved in any disputes between Talk America and B&C Customers. BellSouth will not issue adjustments for charges billed on behalf of any B&C Customer to Talk America. It shall be the responsibility of Talk America and the B&C Customers to negotiate and arrange for any appropriate adjustments.

  • Withdrawal from Agreement A. Any Fund may elect to withdraw from this Agreement effective at the end of any monthly period by giving at least 90 days’ prior written notice to each of the parties to this Agreement. Upon the written demand of all other Funds which are parties to this Agreement a Fund shall withdraw, and in the event of its failure to do so shall be deemed to have withdrawn, from this Agreement; such demand shall specify the date of withdrawal which shall be at the end of any monthly period at least 90 days from the time of service of such demand. B. In the event of the withdrawal of any Fund from this Agreement, all its rights and obligations, except for lease commitments, under this Agreement (except such rights or obligations as have accrued prior to the date of withdrawal) shall terminate as of the date of the withdrawal. The withdrawing Fund shall surrender its Shares to Service Company, and (1) shall be entitled to receive from Service Company an amount equal to the excess of the fair value of (i) its Shares of other securities Service Company as of the date of its withdrawal less (ii) its proportionate interest in any liabilities of Service Company, including when appropriate any commitments of Service Company and unexpired leases at the date of withdrawal; (2) shall be obligated to pay Service Company an amount equal to the excess of (ii) over (i). Such amount to be received from or paid to Service Company shall be determined by the favorable vote of the holders of a majority of the Shares whose determination shall be conclusive upon the Funds. Any amount found payable by the Service Company to the withdrawing Fund shall be recoverable by Service Company from the Funds remaining under this Agreement in accordance with the provisions of Section 1.2, 1.3 and 1.4 hereof.

  • Single Collective Agreement a) Central terms and local terms shall together constitute a single collective agreement.

  • Night Shift Differential Unit 12 employees who regularly work shifts shall receive a night shift differential as set forth below: A. Employees shall qualify for the first night shift pay differential of forty (40) cents per hour where four (4) or more hours of the regularly scheduled work shift falls between 6 p.m. and 12 midnight. B. Employees shall qualify for the second night shift pay differential of fifty (50) cents per hour where four (4) or more hours of the regularly scheduled work shift fall between 12 midnight and 6 a.m. C. A "regularly scheduled work shift" are those regularly assigned work hours established by the department director or designee.